Virginia sentencing
Fairfax judging- Sentencing as gut wrenching
Fairfax judging came into focus last week during the view from the bench continuing legal education program. As a Fairfax criminal lawyer, I did not expect any extraordinary revelations, but was delighted that one of the very experienced Circuit Court judges shared how gut wrenching...
Fairfax plea negotiating- Is the victim on board?
Fairfax plea negotiating -- as in the rest of commonwealth -- is an art that involves not only the Virginia criminal defendant, but also the criminal defense lawyer, the prosecutor / assistant commonwealth's attorney, the purported victim(s) and the judge. On top of that are...
Fairfax judicial views on progressive prosecutorial approaches
Fairfax judicial responses -- and a judge's response in any Virginia county for that matter -- sometimes will not approve a negotiated settlement / plea deal reached between a Virginia criminal lawyer and an assistant commonwealth's attorney. As a Fairfax criminal lawyer, I know that...
Hearsay evidence admissibility at Virginia probation violation hearings
Hearsay evidence faces more lax standards for admissibility than at a Virginia criminal trial. As a Fairfax criminal lawyer, I regret this state of affairs, but it is a reality that must be reckoned with. This is among the reasons that Virginia criminal defendants should...
Fairfax opinion letter explains rejection of criminal defendant’s Alford plea
Fairfax opinion letters from Circuit Court judges -- as with such opinion letters throughout the state -- bond no judges, but can still act as persuasive authority, and certainly provide further insight into the Virginai judge writing the opinion. As a Fairfax Criminal lawyer, I...
County Jail Pandemic-Related Updates from Fairfax Criminal Defense Lawyer
County jail changes are happening in Fairfax in response to and during the pandemic. As a Fairfax criminal defense lawyer, I know that during Covid-19 the county jail rejects delayed jail service commencement, rejects having inmates serve multiday sentence on successive weekends (with weekends being...
Revoking Virginia probation – Fairfax criminal lawyer on judicial discretion
Revoking probation is risked by Virginia probationers when the judge has reasonable cause to do so. Va. Code § 19.2-306; Whitehead v. Commonwealth, 278 Va. 105, 677 S.E.2d 265 (2009), modified, 684 S.E.2d 577 (2009). As a Fairfax criminal lawyer, I make clear to my...
Virginia criminal defense – Beware dealing with probation agents
Being convicted of a crime is no picnic. When a probation agent is involved, the picnic can seem to gather even more red ants. Talk about potential and actual sentencing with criminal defendants often focuses so much on the length of active jail time --...